Personal Injury & Medical Malpractice

  • June 26, 2024

    Pa. Justices Won't Hear Elliott Greenleaf Atty's $11M Fee Fight

    The Pennsylvania Supreme Court will not review decisions denying a former Elliott Greenleaf attorney a cut of an $11 million referral fee for a personal injury client, after lower courts found a letter from the client requesting that the lawyer be paid was not valid and otherwise presented too late.

  • June 25, 2024

    FAA Not Off The Hook In Nevada Plane Crash, 9th Circ. Rules

    The Federal Aviation Administration has been dragged back into a $6.5 million lawsuit accusing it of causing a fatal single-engine plane crash, killing its pilot and passenger, after the Ninth Circuit ruled that the agency's air traffic controller breached his duty of reasonable care.

  • June 25, 2024

    $9.9M Settlement OK'd In Nev. School District Child Abuse Suit

    A Nevada federal judge has approved a deal between a family and the Clark County School District ending claims that it abused their nonverbal autistic child with a $9.95 million settlement.

  • June 25, 2024

    Norfolk Southern Torched In NTSB Final Derailment Findings

    Norfolk Southern used "reprehensible" tactics to interfere with the investigation into last year's derailment in East Palestine, Ohio, and pushed for an "unnecessary" controlled vent and burn of highly flammable vinyl chloride during the accident's chaotic aftermath, the National Transportation Safety Board said Tuesday.

  • June 25, 2024

    Sandy Hook Families Split Over Alex Jones Ch. 7 Stay Ask

    Two groups of plaintiffs that hold more than $1.5 billion in combined claims against right-wing conspiracy theorist Alex Jones and his online media network have differing views on how those claims should be collected, taking opposite stances on a Chapter 7 trustee's request to pause collection actions against Jones' company.

  • June 25, 2024

    Flint Judge Wants To Keep City 'Motivated' To Fix Lead Pipes

    A Michigan federal judge on Tuesday all but approved a proposal from the state to step in and help the city of Flint finish replacing lead water service lines and restoring properties for residents, noting the city's repeated failures to meet its obligations under a 7-year-old settlement agreement.

  • June 25, 2024

    Conn. Firefighters Sue Over PFAS In Protective Gear

    Connecticut firefighters slapped 3M, DuPont and 17 others with a proposed class action on Tuesday, alleging they have been exposed to dangerous levels of per- and polyfluoroalkyl substances, or PFAS, contained in their protective gear manufactured and sold by the companies.

  • June 25, 2024

    Cardinals Want Arbitration In, Family Out Of Defamation Suit

    The Arizona Cardinals, owner Michael Bidwill and their crisis communications company and law firm, which collectively lost an NFL defamation grievance by a former team executive earlier this year, now want a federal defamation suit sent to league-mandated arbitration.

  • June 25, 2024

    Texas Man Says Injury Claim Against Shell Can't Be Arbitrated

    A Texas man whose foot had to be amputated following an accident on a Nigerian offshore drilling rig is fighting a Shell subsidiary's bid to send the personal injury dispute to arbitration in the Netherlands, saying the company has been actively litigating the case for years.

  • June 25, 2024

    6th Circ. Revives Part Of Barge Worker's Lung Injury Suit

    The Sixth Circuit has revived a maintenance and cure claim brought by a former crew member on one of Marathon Petroleum Co. LP's barges, saying there's enough evidence to create a question of whether his lung deterioration manifested during his service on the vessel.

  • June 25, 2024

    Ga. Mom Calls Insurer's Escape Bid From Rape Suit 'Illusory'

    The mother of a minor who was allegedly kidnapped and raped after a shooting at an Atlanta-area skating rink said Monday that a bid by the rink's insurance company to escape liability cannot stand.

  • June 25, 2024

    Man Convicted Of Crypto-Motivated Break-Ins, Kidnappings

    A Florida man was convicted Tuesday in North Carolina federal court of leading a robbery crew that broke into people's homes, kidnapped them and stole Bitcoin and other cryptocurrency.

  • June 25, 2024

    Katt Williams Must Face Atlanta Assault Claims, Judge Says

    Katt Williams won't be able to escape a lawsuit brought by four women who say they were jumped and threatened at gunpoint by the comedian and his entourage outside an Atlanta nightclub, after a Georgia federal judge allowed most of their case to go forward Tuesday.

  • June 25, 2024

    Law Firm Boss Admitted Breaking Ethics Rule, Regulator Says

    Connecticut attorney discipline authorities told a state court Monday that the managing partner of a Hartford-based personal injury and employment law firm cannot walk back an admission to a rule violation, reaffirming earlier calls to suspend Emanuele R. Cicchiello for threatening a criminal probe and downloading a departing junior attorney's personal emails.

  • June 25, 2024

    Schouest Bamdas Opens Dallas Office With 6-Partner Hire

    Schouest Bamdas Soshea BenMaier & Eastham PLLC has expanded its footprint in Texas by launching a new office in Dallas with six new partners from Hartline Barger LLP, it said in an official announcement Tuesday.

  • June 25, 2024

    USA Swimming's Suit Against Watchdog Can Continue

    A nonprofit watchdog cannot escape possible financial ramifications related to a botched investigation into false sexual misconduct accusations, after a Colorado state judge ruled it must face an indemnification lawsuit brought by USA Swimming after the accused boy's mother sued the organization.  

  • June 25, 2024

    Atlanta City Council To Consider $2M Settlement In Taser Case

    Atlanta's City Council is set to consider a $2 million settlement next week in a case in which two college students allege they were pulled from their car and Tasers used on them by police in 2020 during protests related to the police killing of George Floyd.

  • June 24, 2024

    Chevron's $120M Trial Loss Reinstated By Calif. Appeals Court

    A California appellate court says Chevron cannot get another trial after a jury found it liable for the negligent operation of an oil field, overturning a lower court's ruling that the company was entitled to a new trial because a juror failed to disclose a decades-old criminal conviction.

  • June 24, 2024

    PacifiCorp To Pay Another $150M To Resolve Wildfire Claims

    PacifiCorp will shell out another $150 million to roughly 380 plaintiffs resolving "substantially all individual claims" stemming from the 2020 Slater wildfire in California, the company announced Monday, adding to the hundreds of millions of dollars the utility has already paid over wildfire-related claims.

  • June 24, 2024

    5th Circ. Won't Revive Texas' Homemade Gun-Silencer Fight

    The Fifth Circuit refused Friday to revive a challenge by Texas residents and attorney general against federal laws regulating the manufacturing of firearm silencers, finding the residents lack standing, since vague intentions to make silencers aren't enough to establish injury, and the state can't voluntarily litigate its residents' personal claims.

  • June 24, 2024

    Lloyd's Seeks To Avoid Coverage For Beach Umbrella Death

    Certain underwriters at Lloyd's, London told a South Carolina federal court Monday they should have no coverage obligations to a vacation rental owner over a wrongful death suit alleging that a woman was impaled by a "wind-driven" beach umbrella.

  • June 24, 2024

    Baldwin Awaits Ruling On Bid To Toss 'Rust' Shooting Case

    A New Mexico state judge is set to rule this week on Alec Baldwin's argument that his indictment on involuntary manslaughter charges over the "Rust" film shooting should be thrown out because forensic tests damaged the actor's gun, a key piece of evidence in the case.

  • June 24, 2024

    Boeing Says Turbulent Securities Suit Should Be Dismissed

    Boeing has moved to dismiss a proposed securities fraud suit in Virginia federal court accusing it of misleading investors about the overall safety of its 737 Max jets, saying that the plaintiffs' "kitchen-sink" approach falls short of pleading requirements.

  • June 24, 2024

    Justices Undo Terror Victims' Win, Citing Twitter Decision

    The U.S. Supreme Court on Monday swept aside a D.C. Circuit ruling that threatened to expose major pharmaceutical companies to liability for terrorist attacks that injured or killed hundreds of U.S. soldiers and civilians in Iraq.

  • June 24, 2024

    8th Circ. Sides With Minn. DOT In Injured Worker's ADA Suit

    The Eighth Circuit on Monday backed the Minnesota Department of Transportation in a suit by a former mechanic who alleged the agency discriminated against him after an on-the-job injury, finding MNDOT reasonably showed that he could not do the work of his prior position.

Expert Analysis

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • 3 Surprising Deposition Dangers Attorneys Must Heed

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    Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Insurers Have A Ch. 11 Voice Following High Court Ruling

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    The U.S. Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Gypsum — which reaffirmed a broad definition of "party in interest" — will give insurers, particularly in mass tort Chapter 11 bankruptcies, more opportunity to protect their interests and identify problems with reorganization plans, says George Singer at Holland & Hart.

  • Justices' Bump Stock Ruling Skirted Deference, Lenity Issues

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    Despite presenting a seemingly classic case on agency deference, the U.S. Supreme Court’s ruling last week in Garland v. Cargill did not mention the Chevron doctrine, and the opinion also overlooked whether agency interpretations of federal gun laws should ever receive deference given that they carry criminal penalties, say Tess Saperstein and John Elwood at Arnold & Porter.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Confronting The Psychological Toll Of Personal Injury Law

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    Personal injury lawyers advocate for clients who have experienced trauma, loss and life-altering injuries, but these cases can have an emotional impact on attorneys themselves — so it is crucial to address these challenges proactively and openly, and normalize the conversation around mental health in the legal profession, says Lisa Lanier at Lanier Law Group.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Updated Federal Rules Can Improve Product Liability MDLs

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    The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • Boeing Saga Underscores Need For Ethical Corporate Culture

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    In the wake of recent allegations about Boeing’s safety culture, and amid the U.S. Department of Justice’s new whistleblower incentives, business leaders should reinvigorate their emphasis on compliance by making clear that long-term profitability requires ethical business practices, says Maxwell Carr-Howard at Dentons.

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